WAYNESBORO — Progress is being made with legal proceedings against a bonding company associated with the unfinished Brimington Farms development in the Borough of Waynesboro.

The borough's solicitor informed borough council members Tuesday of the progress, as more residents expressed their concerns with unfinished roads, snow plowing and traffic control in the area. Water, sewer and road improvements, along with sidewalk and street light installation were halted in bankruptcy filings with developer DLM LLC and Gemcraft Homes.

"Things are progressing with the bonding company (Lexon Surety) and they have been much more responsive since two or three council meetings ago," said solicitor Sam Wiser. "We have gotten their attention and things are moving forward."

Earlier this month the borough received a draft settlement agreement written by Lexon's insurer, noting the insurance company could ensure all needed improvements would be completed by the middle of 2013.

The agreement is currently being negotiated between both parties.

Concerns

At a previous borough council meeting, residents expressed safety and traffic concerns particularly on the development's main drag Hollengreen Drive. On Tuesday night, four Brimington Farms residents in attendance learned the borough is limited on the amount of traffic control it can provide on private roads. The roads in Brimington will remain private until necessary paving is completed.

"The borough is not permitted to put up signs or speed bumps on a private street," said Wiser, who said "police enforcement capabilities are limited," in these circumstances. Enforcement would only be allowed for serious traffic offenses such as passing a school bus or reckless driving, noted Wiser.

"I can't sleep at night," said John Isenberger of Evangeline Drive. "It has been four or five years and nothing has been done."

He said at times he feels like he is being treated as a second-class citizen. "We have no lights, motorists driving at 50 mph and the roads are going to pot," Isenberger, said.

"I feel like we're being shafted," said Melissa Russ of Waterdale Drive. "Where is our taxpayer money going?" she questioned.

"A lot of the legal fees are being paid by the taxpayers," answered councilman Craig Newcomer.

Other concerns encompassed the impending winter season and snow removal. The borough also cannot plow private roads unless there is an emergency.

"You are dealing with someone who does not have integrity," said Newcomer to the homeowners. "It's frustrating that our hands are tied and this is an unfortunate situation."

Council President Jason Stains thanked the homeowners once again for coming to the meeting and expressing their concerns.

"This is a very frustrating process," said Stains, who added that council will continue to work to see a resolution to the problem.